Contesting a will and family provision claims in the Northern Territory

• Family Provision Act 1970 (NT) (NT)

  The principal Act (current reprint REPF002, as in force from 17 March 2004). Section 7 lists who may apply: a spouse or de facto partner, a former spouse or former de facto partner, a child, a stepchild, a grandchild and a parent, with conditions for former partners, stepchildren, grandchildren and parents. Section 8 lets the Supreme Court order provision out of the estate where adequate provision for proper maintenance, education and advancement in life is not available, having regard to all the circumstances of the case. Section 9 sets the 12 month time limit from the grant and the Court's power to extend it. Sections 20 and 21 deal with property already distributed and the protection of administrators, and section 22 requires the Court to have regard to the will maker's reasons.

• Administration and Probate Act 1969 (NT) (NT)

  Governs grants of probate and letters of administration in the Northern Territory. It allows a caveat to be lodged against a grant (s 44), protects an executor or administrator who distributes after giving notices for claims and waiting for the time in them to expire (s 96), allows a grant made in another Australian state or territory or a prescribed country to be resealed by the Supreme Court (s 111), and lets a person obtain from the Registrar a certificate or exemplification of a grant, or a copy of the whole or part of a will, on payment of any fee (s 150).

• Wills Act 2000 (NT) (NT)

  Sets out how a valid will is made (s 8), altered and revoked, and the effect of marriage and divorce (ss 14 and 15). It lets the Court treat a document that was not signed and witnessed in the required way as a will if it is satisfied the person intended it to be their will (s 10), and provides for wills authorised by the Court for people without testamentary capacity (Part 3 Division 2) and for rectification of wills (s 27).

• Supreme Court Act 1979 (NT) (NT)

  Establishes the Supreme Court of the Northern Territory as the Territory's superior court of record, with its principal seat in Darwin and power to sit at any place the Chief Justice directs (ss 10, 12 and 13). Part III provides for appeals from a single Judge to the Court of Appeal (s 51), with leave needed to appeal from an interlocutory judgment (s 53).

• Superannuation Industry (Supervision) Act 1993 (Cth) (CTH)

  Commonwealth law regulating superannuation, including death benefits. Super does not automatically form part of a person's estate: a benefit the fund pays directly to a dependant or nominee is not an estate asset, so a family provision order made out of the estate does not reach it. A benefit the fund pays to the legal personal representative (the executor or administrator) becomes part of the estate.

• Supreme Court of the Northern Territory

  The court that makes grants of probate and letters of administration, hears family provision applications (in the Family Provision Act, 'the Court' means the Supreme Court) and decides contested probate proceedings. Its principal seat is Darwin and it also has a courthouse in Alice Springs. Civil cases are case managed, often by the Associate Judge or the Registrar.

• Supreme Court NT - Wills and probate registry

  Deals with applications for probate, letters of administration and reseals, with caveats, and with searches of Court records. Contact the Probate Officer at ProbateOfficer.NT@nt.gov.au or on (08) 8999 6562 (Darwin) or (08) 8951 5727 (Alice Springs). Court staff cannot help you fill in forms or tell you what to do in your own case.

• Public Guardian and Trustee of the Northern Territory

  Administers deceased estates when it is appointed executor in a will, when a person dies without a will and no next of kin is willing or able to administer the estate, or when the Supreme Court orders it. It also runs a will-making service for eligible people and a free will storage service for all Territorians. Phone 1800 810 979.

• Public Trustee of the NT

  NT.GOV.AU contact page for the Public Trustee, which provides estate, trustee, will and will storage services to Territory residents under the Public Trustee Act 1979. Anyone applying for a grant must ask the Public Trustee to search its index of wills. Free call 1800 810 979, or email agd.publictrustee@nt.gov.au.

• Court of Appeal of the Northern Territory

  When the Supreme Court hears an appeal from a single Judge it may be known as the Court of Appeal of the Northern Territory (Supreme Court Act s 51). Appeals are usually heard by three Judges, not including the Judge whose decision is under appeal, and leave is needed to appeal from an interlocutory decision (s 53).

1. 01Search for a will and find the grant

   Check the Supreme Court website, where a notice of intended application must be published for 14 days before an application for a grant can be filed. Ask the Probate Officer whether probate or letters of administration have been granted and on what date; a probate search costs $37 from 1 July 2026. Anyone applying for a grant must also ask the Public Trustee to search its index of wills. The 12 month period runs from the date of the grant.

   Typical timeframe: As soon as possible after the death

2. 02Confirm you are entitled to apply

   Check whether you fall within section 7 as a spouse or de facto partner, former spouse or former de facto partner, child, stepchild, grandchild or parent, and whether any condition for your category is met, such as having been maintained by the deceased immediately before the death (s 7(2) to (4) and (7)).

   Typical timeframe: Before you take any formal step

3. 03Write to the executor or administrator

   Tell the executor or administrator in writing that you intend to claim, and ask for a copy of the will, the grant and a statement of the estate's assets and liabilities. A letter is not the same as an application: the protection an administrator has for distributing the estate depends on whether they had notice of an application to the Court (s 21).

   Typical timeframe: Soon after you decide to claim

4. 04Gather evidence and try to settle

   Assemble evidence of your financial position, your relationship with the deceased, any maintenance your category requires, and medical material if your health is relevant. Distance and remoteness can make this slower in the Territory, which is another reason to start early.

   Typical timeframe: Alongside the steps above

5. 05File in the Supreme Court

   An application the Act allows you to make to the Court is started by originating motion (Supreme Court Rules r 4.05). It must be filed within 12 months after the grant, or with an application to extend time if that period has passed. You must serve notice of the application on each administrator of the estate, and the Court can order that other people, such as beneficiaries, be served (s 10).

   Typical timeframe: Within 12 months after the grant

6. 06Case management and mediation

   Civil matters in the Supreme Court are case managed, often by the Associate Judge or the Registrar, and the Court gives directions about the evidence each side must file. A mediator can be appointed by the Court or by the parties under Order 48 of the Supreme Court Rules.

   Typical timeframe: As directed by the Court

7. 07Hearing and judgment

   If the claim does not settle it is heard by a Judge, usually sitting alone. The Court decides whether adequate provision was made, what provision should now be made out of the estate, and who pays the costs. An order operates as if it were a codicil to the will, or as a change to the intestacy rules if there was no will (s 16).

   Typical timeframe: Depends on the case and the Court's list

Who pays the legal costs of a family provision case is for the Court to decide: under rule 63.03 of the Supreme Court Rules 1987 the costs of a proceeding are in the Court's discretion. Depending on the outcome, costs may be ordered out of the estate or against a party, so an applicant whose claim fails can be ordered to pay costs. The Supreme Court fee schedule that applies from 1 July 2026 sets $1,548 for an individual ($3,006 for a corporation) to file an originating process in the civil jurisdiction, $1,907 to set a case down for hearing and $1,752 for each hearing day (higher rates apply to a corporation), and $37 for each search. The Court has a form to apply for a fee waiver, deferral or payment by instalments if paying would cause financial hardship. There is no fee to lodge a probate caveat. Costs ordered out of the estate reduce what is left for everyone, so a fight that uses up a large share of a modest estate helps nobody. Travel and remote communication costs can matter where parties or witnesses live outside Darwin and Alice Springs. Ask any lawyer you use for a written costs estimate before filing, and again before each contested step.